(I) IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $10,000, IMPRISONMENT NOT EXCEEDING 1
YEAR, OR BOTH; AND

(II) IS SUBJECT TO OTHER DISCIPLINARY ACTION PROVIDED BY

LAW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 645JJ, as it related to Allegany County.

In subsection (b)(2) of this section, the reference to an individual's
"confinement" is substituted for the former reference to an individual's
"incarceration" for consistency throughout this article. See General
Revisor's Note to this article.

Also in subsection (b)(2) of this section, the reference to "allow[ing]" an
individual to participate in a home detention program is substituted for
the former reference to "prescrib[ing]" participation for stylistic
consistency throughout this article.

Also in subsection (b)(2) of this section, the former phrase "by any court in
the county" is deleted as unnecessary in light of subsection (a) of this
section.

Also in subsection (b)(2) of this section, the phrase "established under this
section", which formerly modified the phrase "home detention program", is
deleted as implied in the reference to "home detention program".

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(2) of this
section authorizes a "sentencing judge" to allow an individual to
participate in the home detention program. Subsection (b)(2) is silent as to
what happens when the sentencing judge is unable to act on the matter.
The General Assembly may wish to amend subsection (b)(2) to state
expressly that, when the sentencing judge is unable to act, the authority to
place an individual in the home detention program extends to other judges
of the committing court. See, e.g., §§ 11-704(c)(1)(i), 11-706(b)(2),
11-712(c)(2)(ii), and 11-717(d)(1) and (2) and (f)(3) of this subtitle.
Alternatively, the General Assembly may wish to amend subsection (b)(2)
to reflect the language of Maryland Rule 4-347, which establishes
procedures for hearings on alleged violations of probation. Maryland Rule
4-347 requires "[t]he court" to hold a hearing to determine whether a
violation has occurred. The rule also provides that "[w]henever practicable,
the hearing shall be held before the sentencing judge". See also §§
11-708(c)(2), 11-709(b)(2)(i) and (3)(i), 11-712(d)(2) and (3)(i), 11-714(b)(1)
and (3)(i) and (d)(2) and (3)(i), and 11-715(d)(1) and (g)(1)(i) of this subtitle
and accompanying Revisor's Notes. If the General Assembly amends
subsection (b)(2), a corresponding change should be made to subsection
(b)(3)(i) of this section, which refers to a recommendation of the
"sentencing judge".